Kalam Thomas v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P. No.6326 of 2022 Kalam Thomas

...Petitioner

Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai-600 028.

2. The Sub Registrar, Villivakkam Sub Registrar Office, Integrated Sub Registrar Building, Nolambur, Phase-11, 2nd Main Road, Chennai-600 037.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorariafied Mandamus to call for the records relating to Check Slip Letter No.77/2022 dated 22.02.2022 issued by the 2nd respondent, quash the same and consequently direct the 2nd respondent to register the Deed of Settlement dated 22.02.2022, presented for registration, executed by the petitioner in favour of his daughter Mrs.Philomina and returned the document to the petitioner after completing all the formalities of the registration, without insisting for the production of original parent Document No.5037 of 2008, in the light of the order made by this Hon'ble Court in K.S.Vijayandran Vs IG of registration 2011(2)LW648 within the time that may be stipulated by this Hon'ble Court. For Petitioner : Mr.Ravichandran Sundaresan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Certiorariafied Mandamus to call for the records relating to Check Slip Letter No.77/2022 dated 22.02.2022, issued by the 2nd respondent, quash the same and consequently direct the 2nd respondent to register the Deed of Settlement dated 22.02.2022, presented for registration, executed by the petitioner in favour of his daughter one Philomina and returned the document to the petitioner after completing all the

formalities of the registration, without insisting for the production of original parent Document No.5037 of 2008, in the light of the order made by this Court in K.S.Vijayandran Vs IG of registration 2011(2)LW648, within the time that may be stipulated by this Court.

2.The learned Special Government Pleader appearing for respondents take notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3.The case of the petitioner is that the petitioner is the owner of the property in Survey No.227/12, New Survey No.227/12C, Joint Patta No.723, situated at No.1/30, Vellalar Stret, Periyanolambur, Chennai-600 037. The petitioner executed a document on 22.02.2022 and presented the same for registration before the 2nd respondent/Sub Registrar on the same day. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4.The learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the 2nd respondent to register the petitioner's Document within a time frame that may be fixed by this Court.

5.The learned Special Government Pleader appearing on behalf of the official respondents submitted that the petitioner's document will be considered by the respondents within the time frame that may be fixed by this Court, if he produce a copy of the parent document.

6.In view of the aforesaid submissions, this Court inclined to set aside the impugned Check Slip and directed the 2nd respondent to entertain the document presented by the petitioner and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and the petitioner is directed to produce a copy of the parent document at the time of executing the document.

7.With the aforesaid direction, this writ petition is allowed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Psa

To

1. The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai-600 028.

2. The Sub Registrar, Villivakkam Sub Registrar Office, Integrated Sub Registrar Building, Nolambur, Phase-11, 2nd Main Road, Chennai-600 037.

+3cc to Mr.P.K.Naarayanan, Advocate, S.R.No.18649 +1cc to the Government Pleader, S.R.No.19504 W.P. No.6326 of 2022 JPL(CO) RGA(06/04/2022)